Infrastructure Bill [HL]

Debate between Baroness Whitaker and Lord Ahmad of Wimbledon

Wednesday 5th November 2014 Lords Chamber

[Lord Ahmad of Wimbledon]

My Lords, I, too, acknowledge the work that the noble Baroness has done in this respect. I agree with what she said about good design being necessary. While she acknowledged the steps that the Government have taken in this regard—for which I thank her—she cited Oliver Twist and said that she might be perceived as being churlish in asking for more. I would never accuse the noble Baroness of being churlish. I recall that the response to Oliver Twist asking for more was, “Do you want more?”. That will certainly not be my response at this juncture, but I wish to set out the Government’s position. I also thank other noble Lords, including my noble friend Lord Jenkin, for their contributions.

I should stress from the outset that the Government are committed to tackling issues such as climate change and the mitigation of, and adaptation to, the impacts of such change, as well as good design for new developments. Where I suspect we will differ is on the extent to which this amendment would bring any discernible change if an infrastructure project was brought forward for consent under the Planning Act.

Part 2 of the Planning Act sets out the legislative requirements where a Secretary of State brings forward a national policy statement. National policy statements form the prime basis for deciding whether a project should be granted development consent. Given this very important role, such statements, as noble Lords will know, are scrutinised by Parliament and subject to public consultation before being finalised. This process of scrutiny provides the most appropriate means of ensuring that matters such as design and climate change are appropriately covered in a national policy statement.

All national policy statements that have been prepared to date have taken into account the issues set out in Section 10 of the Planning Act. Parliament has been given the opportunity to help shape these before they were finalised. That process of scrutiny will continue when new policy statements come forward and existing ones are reviewed. The final version of the policy statement on national networks will be designated soon and the next policy frameworks to be produced will be after the Davies commission has reported in 2015. I therefore suggest to the noble Baroness that the best place in which to seek the changes and improvements that she proposes is in the wording of national policy statements when they are subject to parliamentary scrutiny before they are designated. With those assurances and the clarity that I have provided, I trust that the noble Baroness will be minded to withdraw her amendment.

[Baroness Whitaker]

My Lords, I am extremely grateful to all noble Lords who have supported this amendment and indeed adding the concept of culture, which was implicit in our amendment but ought to have been explicit. I am grateful for the kind words of the noble Lord, Lord Jenkin, and his encouragement. I am half reassured by the words of the Minister. I can see that the close-woven tapestry of the structure that he has outlined could indeed offer opportunities to push the importance of design. I think that that is not as good as having it on the face of the Bill, but let us suspend judgment until we see the next version of the national networks statement. In the mean time, I beg leave to withdraw the amendment.

Judicial Review

Debate between Baroness Whitaker and Lord Ahmad of Wimbledon

Tuesday 23rd April 2013 Lords Chamber

[Baroness Whitaker]

To ask Her Majesty’s Government how their proposed new policy on judicial review ensures the right to a fair hearing in respect of time for individual applicants to prepare and lodge their cases, and the opportunity for an oral permission hearing in all circumstances.

[Lord Ahmad of Wimbledon]

My Lords, I begin by congratulating the noble Baroness on her impeccable timing because today the Government published their response to the consultation on reforming judicial review. The response sets out changes to the judicial review procedure which the Government intend to take forward. As set out in the response, we believe that these changes to the fee structure, oral renewals and time limits will help to reduce the burden of judicial review while, most importantly, maintaining access to justice, the rule of law, and the right to a fair hearing.

[Baroness Whitaker]

My Lords, the consultation paper refers to problems with challenges to large planning developments. Why should individual applicants, often unfamiliar with legal processes or perhaps not even very good at reading and writing, like some Gypsies and Travellers, pay the price with so much less time? Secondly, does the Minister agree with Lord Justice Laws when he said,

“that judges … change their minds under the influence of oral argument”,

is central to the system, bearing in mind that more than 60% of all hearings are successful? Where is the justice in reducing them?

[Lord Ahmad of Wimbledon]

The noble Baroness is right to raise the important issue of vulnerable groups and people who represent themselves. However, a total of 11,359 applications were lodged in 2011, of which only 144 were successful. I hear what the noble Baroness says, and I am sure she will appreciate that for every application made in written form it is down to the judge to make an adjudication on whether it has merit to go forward. Even if the case is decided in the negative, the individual still has a right to take the matter forward to the Court of Appeal.